IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-50142, consolidated with No. 01-50143 Conference Calendar

WALTER A. COPENHAVER,

Plaintiff,

versus

FEDERAL HOME LOAN MORTGAGE CORPORATION, ETC.; ET AL.,

Defendants. ---------------------------------------------------------

WALTER A. COPENHAVER,

Plaintiff-Appellant,

versus

FEDERAL HOME LOAN MORTGAGE CORPORATION, its successors and/or assigns; SOURCE ONE MORTGAGE SERVICES CORPORATION, its successors and/or assigns; BALCOM MANN & STEVENS PC; BEVERLY MITRISIN,

Defendants-Appellees.

-------------------- Appeals from the United States District Court for the Western District of Texas USDC Nos. EP-99-CV-300-H, EP-00-CV-307-P -------------------- December 12, 2001 Before HIGGINBOTHAM, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

Walter Copenhaver seeks to appeal an order requiring him to

provide the defendants with a more definite statement and an

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 01-50142, c/w No. 01-50143 -2-

order transferring a case for consolidation. We consolidate the

appeals sua sponte. See Fed. R. App. P. 3(b)(2). While

Copenhaver was attempting to appeal these interlocutory orders,

which the district court declined to certify under

(b), the defendants obtained summary judgment dismissing

the consolidated cases on the merits. There has been no timely

appeal of the dismissal. Any challenge to the interlocutory

orders is moot. See Case v. St. Paul Fire & Marine Ins. Co.,

(5th Cir. 1972).

The appeal is DISMISSED.

Copenhaver’s motion to transfer the appeal to the Federal

Circuit is DENIED. All additional outstanding motions are denied

as moot.